DA: Deadly Force Justified In Johnston County Officer-Involved Shooting

JOHNSTON COUNTY, N.C. – No criminal charges will be filed following an SBI investigation into the January shooting death of Antony Jerome Richardson by a Johnston County sheriff’s deputy.

Johnston County District Attorney Jason Waller announced Friday that, after reviewing the investigation, he determined former Deputy Derek Leagan’s use of deadly force was justified under North Carolina law.

The N.C. State Bureau of Investigation examined the Jan. 25 shooting on Madden Rose Loop, Garner (a Johnston County address) at the joint request of Waller and Johnston County Sheriff Steve Bizzell.

According to the District Attorney’s Office, Richardson’s wife called 911 at approximately 11:21 a.m. and reported that her husband had been in the garage for two days, was acting irrationally, making threats and had a firearm.

Family members, including children, were inside the home.

While Richardson’s wife was speaking with the 911 operator, Richardson fired a gun. The sound of the gunshot was captured on the 911 recording.

Deputies arrived at approximately 11:40 a.m. after being told Richardson was armed and had recently discharged a firearm.

When Richardson’s wife opened the garage door, the first three deputies encountered him sitting in a chair holding a handgun.

The District Attorney’s Office said Leagan ordered Richardson to put the gun down more than 40 times during a period lasting more than two minutes.

Richardson did not comply and continued to possess the firearm. At one point, he shouted, “I’m going to kill somebody,” according to the release.

After several minutes, Richardson moved the firearm from behind his back or his side to the front of his body. Leagan then fired multiple shots.

Richardson continued holding the firearm after Leagan began firing, according to investigators. He then stood and took three steps toward Leagan.

Leagan fired a final shot that struck Richardson in the chest.

Deputies and other first responders immediately rendered aid, but Richardson died at the scene. A loaded Taurus 9mm handgun was found near his body.

The shooting was captured from multiple angles by deputies’ body-worn cameras.

The District Attorney’s Office said the video showed Richardson’s firearm fell from his hand four seconds before the final shot was fired. However, investigators determined Leagan and the deputy closest to Richardson reasonably believed he was still holding the weapon as they continued ordering him to put the gun down while he walked toward Leagan.

The SBI investigation also found Richardson had taken the handgun from his wife’s closet without her knowledge and had made statements threatening to harm himself in the days before the shooting. Investigators also learned he had threatened an acquaintance he believed had wronged a family member.

The investigation considered information concerning Richardson’s mental health, including assertions that he suffered from post-traumatic stress disorder. Deputies had been told before arriving that the call involved a person suffering from a mental health disorder.

Waller said Richardson’s mental health condition did not eliminate what deputies reasonably perceived as an imminent threat created by his possession and use of a firearm.

After reviewing the SBI investigative file, including body camera video, 911 audio, witness statements, physical evidence and the circumstances known to deputies at the time, District Attorney Waller concluded Deputy Leagan reasonably perceived an imminent threat of death or great bodily harm to himself and others.